APHC010045982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2381/2025 Between:

Alla Venkata Reddy ...PETITIONER AND Union Of India and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. ALAPATI LALITH NIKHIL Counsel for the Respondent(S):

1. GP FOR HOME

2. G.ARUN SHOWRI(CENTRAL GOVT. COUSEL)

The Court made the following:

ORDER:-

1. This writ petition is filed claiming the following relief:

“… to issue a writ order or direction more particularly one in the nature of mandamus declaring the action of 2nd respondent in not renewing petitioners passport vide application no VJ2076670955724 under the guise of pendency of the F I R No 124 of 2017 on the file of 4th respondent as illegal arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to issue passport in furtherance of application vide no VJ2076670955724 made by petitioner and to pass such other order or orders…”

2. The case of the petitioner is as follows:

Petitioner herein applied for renewal of the passport vide application File No. VJ2076670955724, dated 05.06.2024 before Respondent No.2.

3. Later, respondent No.2 herein had issued a letter dated 03.07.2024 seeking clarification regarding the renewal of the passport as it is evident from the police verification report that the petitioner has been involved in a criminal case in FIR No. 124 of 2017 on the file of Tadikonda Police Station. Pursuant to which the petitioner submitted a written explanation dated

29.07.2024 along with renewal application to the Respondent Authorities.

4. Pursuant to the petitioner’s explanation, respondent No.2 issued a letter dated 06.01.2025 stating that the petitioner has suppressed the material information regarding pendency of criminal case in his passport Application. Then petitioner was requested to furnish either order of Acquittal or quashment of FIR or No Objection Certificate from the concerned Court as per Gazette Notification GSR 570(E), dated 25.08.1993 along with an undertaking in writing to the passport issuing authorities that he shall, if required by the Court concerned, appear before it at any time during the continuation of the proceedings.

5. Learned counsel for the petitioner submits that there is serious urgency for the petitioner that his wife’s passport was already renewed and they have to travel abroad and she alone cannot travel and she needs the petitioner’s assistance. He further submits that the Respondent Authorities more particularly respondent No.2 in not accepting the explanation of the petitioner and denying the renewal of the passport of the petitioner is nothing but an infringement of Fundamental Rights guaranteed under Articles 19 and 21 of the Constitution of India. Hence, the writ petition.

6. Learned counsel for the petitioner submits that it is the fundamental right of the petitioner to hold a passport and freedom to go abroad as per his wish as held in catena of judgments rendered by the Hon’ble Apex Court particularly in Maneka Gandhi vs. Union of India, 1978 AIR 597

7. Learned counsel for the petitioner also relied upon the ratio laid down by this Court in Dr. Venkata Rao Vara and Union of India and others, W.P.No.4196 of 2024, dated 20.02.2024. In view of the settled principles of law, the petitioner is entitled for renewal of the passport

8. On the other hand, learned counsel for the respondents submitted the written instructions issued by the Respondent Authorities dated 06.02.2025, wherein it is stated that L. Venkatarao, lodged a complaint before the Station House Officer, Tadikonda P S, Guntur District on 13.07.2017. Basing on the contents of the complaint a case was registered as Crime No. 124 of 2017 under Section 447 IPC before Tadikonda P.S. against the petitioner. During the course of investigation, the Inv